Thursday, May 16, 2013
Q&A: Nicole Cohen, Part 1

I’ve long admired Nicole Cohen for co-founding Shameless magazine and for her research into the labour conditions of interns and freelancers. At the end of March, she gave a presentation about her academic work, including the results of her online survey about freelancing, conducted in 2010. I attended along with other freelancers, and I was stunned by her talk—I thought, “More people need to hear this!” So I invited Nicole, a recently minted PhD and, as of July 1, the University of Toronto Mississauga’s new assistant professor in the Institute of Communication, Culture and Information Technology, to take part in a Q&A. 

Photo of Nicole Cohen

Jaclyn Law: Can you tell me about your education and journalism background?

Nicole Cohen: I graduated from Ryerson’s journalism program in 2003 and planned to be a journalist, but wanted to learn more about the world, as I spent most of my time at Ryerson working on The Eyeopener and not in my classes. I was really excited about the prospects of working as a journalist in Canada. I had done an internship at Eye Weekly and was hired as a staff writer, had done a short stint in The Star’s Radio Room program, and was freelancing for several publications: The Star, This magazine, Eye Weekly and others. I had also co-founded Shameless magazine with Melinda Mattos in 2003, when we graduated from Ryerson. While starting my journalism career by freelancing, I was taking part-time classes at York University, which eventually led me to do a MA in political science at York. I decided to do a PhD in the Graduate Program in Communication and Culture, as York offers good funding for graduate students and I was awarded a fellowship and realized that graduate studies, oddly, was a more secure form of employment than freelancing, one that would also allow me to continue to write and publish.

Based on my experience as a journalist and working in alternative/independent media, I gravitated toward communication studies and began studying political economy of communications, a critical approach to media and journalism that examines the power relations and social relations in these industries. It was then that I began thinking much more critically about my own experiences as a media worker and why, for example, I was spending weeks researching long, investigative articles for Eye Weekly and being paid $250 per article (of course now I realize that I should have negotiated a higher fee!).

At the time, around 2006, a lot of academic research was emerging that was paying attention to work and labour conditions in media and cultural industries, and this research intersected with research in political science and sociology on precarious employment, which has been spreading into growing numbers of occupations in the past few decades. At the time, I was part of a freelance journalist community that was experiencing low and stagnating wages and increasingly restrictive contracts for copyright. The Canadian Freelance Union was also emerging, which pointed to the very serious issues Canadian freelancers were facing in trying to earn a living—serious enough to establish a trade union.

It seemed to me at the time that it was impossible to understand contemporary media and journalism, as political economy aims to do, without understanding the material conditions of those who produce media and journalism. And so, when choosing a research topic, I chose to research what I knew and investigated the working conditions and labour conditions of freelance journalists in Canada. I defended my dissertation in February 2013. I wrote my dissertation as a book and plan to submit it to a publisher this summer or fall.

JL: Can you tell me about your academic work, in particular your PhD work and online survey?

NC: Broadly, I research in the area of critical political economy of communication, with a focus on work and labour organizing in media and cultural industries. My dissertation examines the working conditions of Canadian freelance journalists and freelancers’ efforts to collectively address the challenges they face. I spent about three years researching and writing the dissertation.

The empirical section of my work draws on an online survey I conducted in 2010 of self-identified freelance journalists across Canada. Two hundred freelancers responded. The survey consisted of a mix of quantitative questions (salary, hours worked, type of work, etc.) but also contained a significant qualitative component, where I asked a series of open-ended questions about how freelancers experience their work, what they like and don’t like about freelancing, their attitudes toward collective organizing and unions, for example. I can’t say the survey is an accurate representative sample of all freelancers in Canada (freelance journalists are very difficult to count, as it’s such a fluid profession, and each freelancer has vastly different experiences of and expectations from work than the next) but it does offer insight into the tensions and challenges that underpin the experience of freelancing in contemporary media industries.

To supplement the survey, I interviewed members and organizers of writers’ organizations and unions, including the CEP, CFU, PWAC, CMG and others (including the Freelancers Union in New York City, the National Writers Union in the US, and the National Union of Journalists’ freelance branch in the UK). The rest of the work draws on theoretical and academic literature in communication and labour studies. Overall, I look at the underlying processes, practices, and social relations that shape the work of contemporary freelance journalism and challenge taken-for-granted assumptions that freelance writing is inherently low-paid work.

The argument I make is that freelance journalism has been transformed from, historically, being a strategy of resisting salaried labour by journalists—an effort to gain some control over the terms of commodification of their labour power and autonomy over their craft—into a strategy for media firms to intensify exploitation of freelance writers’ labour power through two primary strategies: the exploitation of unpaid labour time and control of copyright to writers’ works.

JL: Freelance income rates have remained stagnant—and even declined—since the 1970s, and contracts are demanding more rights than ever before. What are some other challenges that freelancers face?

NC: Low and stagnant rates are a major challenge, as is the new contract regime that publishers have introduced, contracts that demand all rights to writers’ works, or rights in a bundle for a very small fee (including, recently with TC Media’s contract, moral rights). These two key aspects of freelancing mean that while there is lots of journalistic work available to freelancers, especially as media companies contract and layoff staff, this work is low paid and freelancers are not earning as much as they can from their works due to highly restrictive contracts. Publishers are buying rights to writers’ works for multiple formats and venues, and so it seems that writers should be able to earn increasing income from the stories they write. But this is not the case—publishers are in a very powerful position and most individual freelancers are in a very weak bargaining position.

These two challenges to freelancers’ incomes are linked to a host of other challenges freelance journalists (and, arguably, all freelance or self-employed workers) face: because rates per word or per article remain very low, freelancers must work longer hours to earn higher incomes. Although most freelancers say they are freelancers because they want flexible schedules, or more control over their time, most work long hours and have intermittent but intense workloads. Work is experienced in feast-or-famine style: too much work tempered by stretches of no work at all. Freelancers must take on multiple projects at once and always be hustling to find work. Self-employed workers have limited access to benefits and social protections, such as EI, pensions, or parental leave.

These challenges have been experienced by freelancers throughout history, of course, but they have intensified in recent decades, as more people are working as freelancers than ever before and, as you note, rates of pay in Canadian journalism remain absurdly low. The freelancers I surveyed, most of who report enjoying the work they do, say the aspects of the job they like least include marketing and promotions, the constant and relentless pitching, and not having control over how much work they have or how much money they will earn (most freelancers do not set their rates for the work they do). Many are leaving journalism, or taking on more and more non-journalistic work, even though many say they became freelancers in the first place to do more interesting work.

JL: In your 2012 paper for tripleC, “Cultural Work as a Site of Struggle: Freelancers and Exploitation,” you’ve applied the framework of Marxist political economy to freelance writers, pointing out how independent workers experience the exploitation typically associated with the employer-employee relationship. Can you talk about the ways that freelancers are exploited? 

NC: In my work, I look at how freelance journalists, like all workers, are exploited under capitalism. I use the term in its technical sense: as Marx explained, workers are exploited because they produce more value (surplus value, or profit) than what they are paid, and that surplus is controlled by an employer.

These relations become difficult to see in the case of freelancers, who are self-employed workers, yet workers nonetheless. For one, freelancers sell single pieces of work to a publisher, so it appears that they are not paid for their time at work, like other workers, and freelancers’ names are attached to their articles and to the invoices they submit for payment, further emphasizing that freelancers work for themselves. But with low and stagnant rates of pay, it is becoming increasingly clear that relations of exploitation underpinning freelance journalism are intensifying in contemporary capitalism.

I outline two primary areas of exploitation in my research: one, unpaid labour time, and two, copyright. Freelance labour is very cheap for publishers. By purchasing finished works, for which freelancers are paid an arbitrary per-word or per-article rate, publishers don’t have to pay for the time it takes to develop a piece, research, do interviews, rewrite and edit, and all the tasks that are necessary for producing journalism. For freelance writers, this includes the time of developing ideas, networking, pitching, running a business, invoicing, promoting—a very long list. This unpaid work is critical for the work of writing, yet the low rates writers are paid—rates that have remained stagnant for decades—mean that the cost of writers’ labour power is lowered, or, exploitation is increased. And this is for writing that is paid. The spread of free writing, or writing for “exposure,” on major news sites like the Huffington Post increases the generalized exploitation of freelancers and further lowers the value of their labour power.

The second aspect of exploitation is through contracts for copyright, which are demanding escalating rights for minimal pay and limit writers’ abilities to resell and repurpose their works. Media companies, on the other hand, retain all rights (in perpetuity, throughout the universe, in formats yet to be invented, as most contracts now stipulate) to endlessly exploit a piece of writing. These exploitative practices have generated highly unequal conditions for freelancers in Canada.

These practices, of course, are not evenly applied across the media landscape, as there are many publications in Canada that do not exist simply to earn profit, ranging from activist media to not-for-profit and independent publications. But the majority of newspapers, magazines, and websites in Canada are published by large, converged media corporations that are very, very profitable. Key to their success has been offloading of the risks and costs of media production onto individual freelancers who have little power to negotiate for higher rates of pay and improved contracts.
- Jaclyn Law
About Me
Jaclyn Law

Jaclyn Law is a writer and an editor with more than 17 years’ experience. Formerly copy chief at Chatelaine and managing editor at Abilities, she has freelanced full-time since 2006. Her clients include magazines, websites, non-profits and corporations. Jaclyn is president of the Toronto Chapter of the Professional Writers Association of Canada and a member of the Editors’ Association of Canada.
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